Non-compliant dwelling: legal action in Belgium
What to do if your rented dwelling does not comply with standards: procedure, evidence, justice of the peace and compensation in Belgium.
What is a non-compliant dwelling
A non-compliant dwelling does not meet the minimum standards set by the region. These standards cover safety, sanitary conditions and habitability.
| Category | Examples of non-compliance |
|---|---|
| Safety | Non-compliant wiring, no smoke detector, missing railing |
| Sanitary | Excessive dampness, mould, no ventilation |
| Habitability | Insufficient floor area, no heating, insufficient natural light |
| Structure | Cracks, instability, failing roof |
The landlord has the obligation to deliver a compliant dwelling (articles 1719-1720 of the Civil Code). In case of breach, the tenant can take action. Consult our guide on unsanitary housing for detailed standards by region.
Court proceedings
Before the court
- Report the defects in writing to the landlord (formal notice)
- Build an evidence file: photos, expert report, bailiff’s record
- Report to the municipality or regional inspection service
Before the justice of the peace
Bring the matter before the justice of the peace by application or summons. The court can order:
| Measure | Effect |
|---|---|
| Judicial expertise | Expert appointed to assess |
| Repairs under penalty payment | Obligation to repair with a late penalty |
| Rent reduction | Retroactive from the date of notification |
| Lease termination | At the landlord’s fault |
| Damages | Material and moral harm |
Tenant compensation
Rent reduction
The court can grant a reduction of 10 to 50% of the rent, retroactive from the date of notification to the landlord. The percentage depends on the severity of non-compliance and its impact on the enjoyment of the dwelling.
Damages
| Type of harm | Typical amount |
|---|---|
| Loss of enjoyment | 500-3,000 EUR |
| Temporary rehousing costs | Actual costs |
| Health damage | Variable (medical expertise) |
| Moving costs (if terminated) | Actual costs |
[!warn] Warning A tenant who accepted the dwelling knowing of its non-compliance (mentioned in the property inventory) will see their compensation reduced. The entry property inventory is crucial.
Act quickly when facing a non-compliant dwelling
Report in writing as soon as the problem is discovered, build your evidence and bring the matter to court if the landlord does not respond. Time is on your side if you have documented your steps.
Consult the rental disputes guide and the hidden defects guide. Use a rental management software to keep your evidence.